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(영문) 인천지방법원 2013.10.16 2013고단648
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 7, 2012, the Defendant entered into a contract with the victim to transfer the instant music club to KRW 50 million in total of deposit and premium, without notifying the content of the contract, even if the H entertainment tavern located in the Nam-gu Incheon Metropolitan City Incheon Metropolitan City, which was subject to administrative disposition by regulating the employment of minors, around November 26, 2011.

Around March 14, 2012, the Defendant, by deceiving the victim, received deposit KRW 15 million from the Agricultural Cooperative Account (Account Number I) in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. A protocol concerning the suspect examination of the accused;

1. Statement to J police officers;

1. A copy of a business license certificate, a copy of a business registration certificate, a passbook, and a complaint;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The defendant and defense counsel on the assertion of the defendant and defense counsel under Article 62-2 of the Social Service Order Criminal Act asserted that the defendant had not committed deception against the victim, and the victim had already been well aware of the control of this case before receiving the main points of this case, and that the defendant and the victim did not have any important fact in entering into the contract at the time of the oral conclusion of the contract, and that the defendant had no intention to commit fraud.

According to the above evidence, the Defendant was aware of the fact of crackdown on the instant entertainment drinking club and did not take any administrative disposition. The Defendant did not properly notify the victim, who was unaware of the fact of crackdown at the time of entering into the instant contract, of the fact of crackdown on the employment of minors, which is an important matter of the contract.

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